HF 493 (LSB 2511YH (4) 87)

HOUSE FILE 493

BY  BENNETT, BROWN-POWERS, HUNTER, ABDUL-SAMAD, T. TAYLOR, and MEYER

A BILL FOR

An Act relating to unfair or discriminatory employment practices based upon issues relating to reproductive health, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 216.2, subsection 15, Code 2017, is amended to read as follows:
   15.  “Unfair practice” or “discriminatory practice” means those practices specified as unfair or discriminatory in sections 216.6, 216.6A, 216.6B, 216.7, 216.8, 216.8A, 216.9, 216.10, 216.11, and 216.11A.
    Sec. 2.  NEW SECTION.  216.6B  Additional unfair or discriminatory employment practices —— reproductive health.
   1.  It shall be an unfair or discriminatory practice for any employer to do any of the following: 
   a.  Take any adverse employment action against an employee based on the use of any drug, device, or medical service related to reproductive health by the employee or the employee’s spouse or dependent. 
   b.  Require an employee to sign a waiver or other document which purports to deny an employee, or an employee’s spouse or dependents, the right to make the employee’s or the employee’s spouse or dependents own reproductive health care decisions, including whether to use any particular drug, device, or medical service.
   c.  Take any adverse employment action in retaliation against an employee for asserting rights or remedies under this section.
   2.  An employer who provides an employee handbook to the employer’s employees shall include in the handbook notice of the employee’s rights and remedies under this section. 
   3.  For purposes of this section, “adverse employment action” means termination, demotion or refusal to promote or advance, loss of career specialty, reassignment to a different shift, reduction of wages or benefits, refusal to provide training opportunities or transfer to a different department, adverse administrative action, or any other penalty or disciplinary or retaliatory action. 
   4.  This section shall not apply to any of the following:
   a.  Any bona fide religious institution with respect to any qualifications the institution may impose based on religion, sexual orientation, or gender identity when such qualifications are related to a bona fide religious purpose.
   b.  Any employer who regularly employs less than four individuals. For purposes of this paragraph, individuals who are members of the employer’s family shall not be counted as employees. 
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to unfair or discriminatory employment practices based upon reproductive health decisions.
   The bill specifies that it is an unfair or discriminatory practice for any employer to do any of the following: 
   1. Take any adverse employment action against an employee based on the use of any drug, device, or medical service related to reproductive health by the employee or the employee’s spouse or dependent; 
   2. Require an employee to sign a waiver or other document which purports to deny an employee, or an employee’s spouse or dependents, the right to make the employee’s or the employee’s spouse or dependents own reproductive health care decisions, including whether to use any particular drug, device, or medical service; or 
   3. Take any adverse employment action in retaliation against an employee for asserting rights or remedies under the bill.
   The bill requires an employer who provides an employee handbook to the employer’s employees to include in the handbook notice of the employee’s rights and remedies under the bill. 
   The bill defines “adverse employment action” for the purposes of the bill; and provides that the bill does not apply to any bona fide religious institution with respect to any qualifications the institution may impose based on religion, sexual orientation, or gender identity when such qualifications are related to a bona fide religious purpose or to any employer who regularly employs less than four individuals. 
   The bill takes effect upon enactment.